Fly Ball! Who Pays for the Property Damage?
As August comes to an end, recreational sports shift from those in the summer to those in the fall. The baseball fields will slowly switch from youth baseball to adult slo pitch and softball. Soccer fields will continue as fall leagues start up. Students of all ages return to school and university intramurals and High School sports pick up.
Errant baseballs, soccer balls and footballs can come at people and vehicles if they are near a field in use. Foul balls can strike cars, smashing windows and leaving dents. People can be struck by balls that go out of bounds in all sports. Balls into the siding of houses can leave dents, requiring parts of it to be replaced. What to do if you find yourself in those situations?
The best approach to take is prevention. If you live beside a field consider approaching your municipal Councillor or MLA about getting netting or a high fence put in place. Many fields in HRM that are nestled in neighbourhoods have netting, such as Larry O’Connell in Halifax or BJ Higgins in Cole Harbour. HRM is quite willing to consider such things if they are approached. Work with your Councillor or if you are in a more rural area reach out to your MLA. No one wants to see houses damaged or people hurt.
If you are parking near a sports field take a look at the surroundings. If you think an ball could come out of the field of play and strike your vehicle move it. A field like WD Piercey in Fairview has two baseball fields right next to the street. The residents know to park their cars in their driveways, as far away from the field as possible. Experienced parents know not to park next to the field but every year there are people who do, leaving their cars at risk. If you are walking by a sports field with a game on stay alert for balls that could come your way. When it is going out of bounds players on the field will most often yell so listen as you walk.
From a legal point of view, if a ball hits your car, house or you, who is at fault for the damage? Assuming it is an organized league, the players are using the field under contract and with permission of the owner, usually the Municipality. They are doing something which is the intended purpose of the field, i.e. playing sports. Often the players are kids. It is hard to blame the kids or adults for playing their game in a regulation field and where they have permission.
If your house or your car is hit by a ball and the damage is minor, you should consider your insurance deductible. If the damage is less than the deductible, chalk it up to bad luck and pay for the repair. If the damage is more significant the first step is to contact your insurance company. They will discuss with you the options and what happens if you do bring a claim under the policy. You can reach out to the municipality who may have programs or funding available. The leagues that are playing are not likely to be found negligent in these situations. Balls leaving the field of play in any sports happens through the course of games. It is to be expected. Filing a law suit will often cost more than the cost of the repair itself. Often these leagues are operating on a shoestring budget.
As Benjamin Franklin said in 1736 about fire risks in a wooden town, “an ounce of prevention is worth a pound of cure”. Any steps you can take to avoid being impacted will go a long way in avoiding having to deal with these issues.